Bradshaw v. Farmers & Bankers Life Insurance

Citations

• 107 Kan. 681
• 193 P. 332
• 11 A.L.R. 1091
• 1920 Kan. LEXIS 148

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Life Insurance — Terms of Policy — Limiting Liability in Case of Death While Engaged in Military Service. A provision in a life insurance policy was to the effect that, if the insured engaged in military or naval service and died while in such service, the extent of the liability of the insurer should be the return of the premiums paid on the policy. It was also provided that the limitation would not apply if an insured engaging in the service should obtain a permit from the insurer and pay the extra premiums required. The insured, who had been inducted into military service under the selective-service act and was acting as chief blacksmith of his company in a training camp, died of pneumonia. Held, that the agreement limiting the liability of the insurer where the insured engaged in military service was one the parties had a right to make and is binding upon both of them, and that the extent of the liability of the insurer on a policy was the amount of the premiums paid thereon; and held, further, that the limitation of liability applies equally to- persons inducted into the military service under the selective-service act, as to those who voluntarily enlist in that service.</p>